Central Information Commission
Purushothaman Mulloli vs Indian Council Of Medical ... on 27 April, 2022
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
शिकायत संख्या/Complaint No.: CIC/ICOMR/C/2020/140790
नितीय अपील संख्या/Second Appeal No.: CIC/ICOMR/A/2021/115018
Purushothaman Mulloli ...शिकायतकताा/Complainant
... अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Section Officer-(RTI Cell),
Indian Council of Medical Research, Department of Health Research
(Ministry of Health & Family Welfare),
V. Ramalingaswami Bhawan, Ansari Nagar,
New Delhi-110029.
...प्रशतवािीगण/Respondents
Relevant facts emerging from instant matter:
CIC/ICOMR/ C/2020/140790 A/2021/115018
RTI application filed on : 25.03.2020 25.03.2020
CPIO replied on : 14.01.2021 14.01.2021
First appeal filed on : 23.01.2021 23.01.2021
First Appellate Authority order : 11.02.2021 11.02.2021
Complaint received at CIC : 23.12.2020 07.04.2021
Date of Hearing : 26.04.2022
Date of Decision : 26.04.2022
Note: Since the above-mentioned matter pertains to same RTI Application,
therefore, the Commission proposes to adjudicate them jointly through the
present order.
Page 1 of 11
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner : Shri Heeralal Samariya
Information sought:
The Appellant/Complainant sought following information:
Etc. • PIO, DGHS (Emergency Medical Relief), furnished reply vide letter dated 07.09.2020, as under:Page 2 of 11
• FAA, ICMR, vide order dated 11.02.2021, held as under:Page 3 of 11 Page 4 of 11
• FAA, vide order dated 12.02.2021, held as under:Page 5 of 11
• Written submission has been received from Appellant/Complainant, vide letter dated 31.03.2022 & 08.04.2022, for perusal before the Commission and duly taken on record.
• Written submission has been received from Appellant/ Complainant for perusal before the Commission and duly taken on record.Page 6 of 11 Page 7 of 11 Page 8 of 11
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing: The following were present: -
Appellant/ Complainant: Represented by Sarbjit Roy & Gita Dewan Verma, present in person.
Respondent: (1) Dr. Jitendra, Rep. of PIO, ICMR, present.
(2) Mr. Satyendra Singh, PIO, CVAC, present.
(3) Mr. Bikash R. Mahato, Drug Regulation (MoH&FW), present.
Rep. of Appellant/ Complainant stated that he is not satisfied with the reply provided by the PIO. They further stated no due opportunity of personal hearing was given to the Appellant/ Complainant at the First Appellate Authority, ICMR. Rep. of Appellant/Complainant further requested the Commission to remand back the instant matter to FAA, ICMR, for providing due representation to appellant/complainant at the stage of First Appellate Authority.
Rep. of Appellant/Complainant further stated that information was not furnished by PIO, Dr. Nivedita Gupta, in the instant matter. However, detailed reply was provided by FAA, ICMR, by-passing the role of PIO. Rep. of Appellant/ Page 9 of 11 Complainant further requested the Commission to take action against the erring PIO, Dr. Nivedita Gupta (ICMR).
Respondent (1) submitted that relevant information has been furnished to the Appellant, vide letter dated 11.02.2021. Upon Commission's instance, Respondent (1) submitted that though the order of FAA was decided on merits of case but appellant was not provided an opportunity of hearing at the time of adjudication of First Appellate Authority. He further submitted that he would abide by the orders of Commission, if any.
Decision:
In the matter of CIC/ICOMR/C/2020/140790, Commission has gone through the case records and on the basis of proceedings during hearing expresses displeasure over the conduct of then PIO, Dr. Nivedita Gupta, ICMR, having provided incomplete reply on the instant RTI Application. In view of the foregoing, Commission directs the then PIO, Dr. Nivedita Gupta, ICMR, to send her written submission to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.
The present PIO, ICMR, will ensure service of this order to then PIO, Dr. Nivedita Gupta Furthermore, in the matter of CIC/ICOMR/A/2021/115018, in view of the proceedings during hearing and submissions made by the parties, Commission finds it just and reasonable, in accordance with principle of natural justice, that a fair and proper hearing is conducted by First Appellate Authority, by giving due opportunity to appellant to present his case before FAA in the instant matter. Therefore, the present case is remanded back to the FAA O/o. Assistant Director General (Admin.), ICMR, for proper adjudication of the same upon providing opportunity of fair hearing to both the parties. The appeal shall be decided by a reasoned, speaking order.Page 10 of 11
An action taken report containing the FAA's order shall be submitted to the Commission within 4 weeks from the date of scheduled hearing of first appeal, failing which appropriate action for non-compliance shall be commenced suo- motu. No further action lies.
The instant matters are disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सच ु ) ू ना आयक्त Authenticated true copy (अनिप्रमानितसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाि ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Copy of this order marked to
1. FAA O/o. Assistant Director General (Admin.), ICMR, Department of Health Research, Ministry of Health & Family Welfare V. Ramalingaswami Bhawan, Ansari Nagar, New Delh-29
--(for compliance with Commission's directions)
2. Dr. Nivedita Gupta Then PIO, ICMR, Department of Health Research, Ministry of Health & Family Welfare V. Ramalingaswami Bhawan, Ansari Nagar, New Delh-29 Page 11 of 11